Arizona Proposition 207 (2006) - The Private Property Rights Protection Act

The Private Property Rights Protection Act

Proposition 207, which was officially titled the “Private Property Rights Protection Act,” has been codified at Ariz. Rev. Stat. section 12-1134. The Act provides that “f the existing rights to use, divide, sell or possess private real property are reduced by...any land use law enacted after the date the property is transferred to the owner and such action reduces the fair market value of the property the owner is entitled to just compensation” Landowners are entitled to compensation only if the challenged regulation continues to apply to their property 90 days after filing a claim, allowing the government to grant waivers in lieu of compensation. The Act specifically declares that waivers run with the land and are not personal to the owners that first obtain them.

The Act exempts the following categories of regulation from the compensation/waiver requirement: (1) laws intended to protect the public health and safety (e.g. building codes, health and sanitation laws, transportation and traffic control, solid and hazardous waste regulations, and pollution controls); (2) law that “imit or prohibit the use or division of real property commonly and historically recognized as a public nuisance under common law”; (3) regulations required under federal law; (4) regulations of adult businesses, housing for sex offenders, liquor, and other undesirable uses; (5) laws necessary to establish locations for utility facilities; (6) laws that “o not directly regulate an owner’s land”; and (7) laws enacted before Proposition 207.

Although opponents to Proposition 207 argued that the law would result in many law suits, few have been brought.

Read more about this topic:  Arizona Proposition 207 (2006)

Famous quotes containing the words private, property, rights, protection and/or act:

    When I think of the gold-diggers and the Mormons, the slaves and the slave-holders and the flibustiers, I naturally dream of a glorious private life. No, I am not patriotic.
    Henry David Thoreau (1817–1862)

    The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government.
    James Madison (1751–1836)

    Quite often ... these little guys, who might be making atomic weapons or who might be guilty of some human rights violation ... are looking for someone to listen to their problems and help them communicate.
    Jimmy Carter (James Earl Carter, Jr.)

    The best protection parents can have against the nightmare of a daycare arrangement where someone might hurt their child is to choose a place that encourages parents to drop in at any time and that facilitates communication among parents using the program. If parents are free to drop in and if they exercise this right, it is not likely that adults in that place are behaving in ways that harm children.
    Gwen Morgan (20th century)

    Everyman, I will go with thee, and be thy guide,
    In thy most need to go by thy side.
    Anonymous. Knowledge, in Everyman, act 1, l. 522 (c. 1509-1519)